Action RequestedAuthorization for the Chair to execute the Agreement for Payment in Satisfaction of Proportionate Share Requirement between Manatee County and LWR Land Holdings, LLC.

Enabling/Regulating Authority

Section 163.3180(5)(h), Florida StatutesSection 360, Land Development CodeSection 1106, Land Development Code

Background Discussion

LWR Land Holdings, LLC, is the developer of Gatewood Corporate Center at Lakewood Ranch. Gatewood Corporate Center is an active development located in the southeast quadrant of the Lakewood Ranch Boulevard and Gatewood Drive intersection, about 0.60 miles south of State Road 64 (see attached map).

The traffic study for the development identified an offsite concurrency-related improvement that would be required during development. The improvement is a westbound right turn lane on Gatewood Drive at the Lakewood Ranch Boulevard intersection.

The development has now reached a milestone where no additional approvals can be issued until transportation concurrency mitigation is provided.LWR Land Holdings seeks to satisfy the transportation concurrency requirement through proportionate fair share mitigation. Pursuant to applicable State Statutes, a related contractual agreement between the developer and County is required to mitigate using proportionate fair share.

The cost of the right turn lane improvement is estimated to be $566,654.00, and the developer's proportionate share of the cost is 31.9 percent. Therefore, the developer's proportionate share amount is $180,763.00. An agreement has been drafted between the developer and County to address transportation concurrency. The agreement provides that upon payment of the proportionate share amount the transportation concurrency requirement is satisfied. Consistent with State Statutes regarding transportation concurrency, the agreement also provides that the proportionate share amount is eligible for transportation impact fee credits.

Staff recommends the County Commission authorize the Chair to execute the agreement.

County Attorney ReviewOther (Requires explanation in field below)

Explanation of OtherPublic Works staff requested the County Attorney's review of the agreement for legal sufficiency. William Clague, Assistant County Attorney, reviewed the agreement under request for legal services #RLS-2018-0001 and responded via email on January 4, 2018. The attached agreement was prepared consistent with the Assistant County Attorney's recommended changes.